8204 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice of petitions for 

modification of existing mandatory 

safety standards. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR Part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of petitions for modification 

filed by the parties listed below to 

modify the application of existing 

mandatory safety standards published 

in Title 30 of the Code of Federal 

Regulations. 

DATES: Comments on the petitions must 

be postmarked and received by the 

Office of Standards, Regulations, and 

Variances on or before March 26, 2007. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. E–Mail: StandardsPetitions@dol.gov. 

2. Telefax: 1–202–693–9441. 

3. Hand-Delivery or Regular Mail: 

Submit comments to the Mine Safety 

and Health Administration (MSHA), 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2349, Arlington, Virginia 22209, 

Attention: Patricia W. Silvey, Director, 

Office of Standards, Regulations, and 

Variances. 

We will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

If you submit your comments by handdelivery, you are required to check in at 

the receptionist desk on the 21st floor. 

Copies of the petitions and comments 

will be available during normal business 

hours at the address listed above. 

FOR FURTHER INFORMATION CONTACT: Ria 

Moore Benedict, Deputy Director, Office 

of Standards, Regulations, and 

Variances at 202–693–9443 (Voice), 

benedict.ria@dol.gov (E-mail), or 202–

693–9441 (Telefax), or you can contact 

Barbara Barron at 202–693–9447 

(Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Telefax). 

[These are not toll-free numbers]. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary determines 

that an alternative method of achieving 

the result of such standard exists which 

will at all times guarantee no less than 

the same measure of protection afforded 

the miners of such mine by such 

standard, or that the application of such 

standard to such mine will result in a 

diminution of safety to the miners in 

such mine. In addition, the regulations 

at 30 CFR 44.10 and 44.11 establish the 

requirements and procedures for filing 

petitions for modifications. 

II. Petitions for Modification 

Docket Number: M–2006–085–C 

Petitioner: Drummond Company, Inc., 

P.O. Box 10246, Birmingham, Alabama 

35202. 

Mine: Shoal Creek Mine, (MSHA I.D. 

No. 01–02901), located in Jefferson 

County, Alabama. 

Regulation Affected: 75.1101–1(b) 

(Deluge-type water spray systems). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of delugetype water spray systems installed at 

belt conveyor drives in lieu of using 

blow off dust covers. The petitioner 

proposes to have a person who is 

trained in the testing procedure specific 

to the deluge-type water spray fire 

suppression systems conduct 

examinations and tests on a weekly 

basis as follows: (1) Conduct a visual 

examination of each of the deluge-type 

water spray fire suppression systems; (2) 

conduct a functional test of the delugetype water spray fire suppression 

system and observe its performance; and 

(3) record the results of the examination 

and test in a book maintained on the 

surface which would be retained and 

made available to the authorized 

representative of the Secretary. The 

petitioner states that if any malfunction 

or clogged nozzle is detected as a result 

of the weekly examination or functional 

test, corrections will be made. The 

petitioner further states that within 60 

days of the final order, a revised 30 CFR 

Part 48 training plan will be submitted 

to the District Manager that includes 

initial and refresher training to comply 

with the order. The petitioner asserts 

that the proposed alternative method 

will at all times guarantee no less than 

the same measure of protection to all 

miners at the Shoal Creek Mine as 

would be provided by the mandatory 

safety standards and will satisfy the 

criteria of the standard. 

Docket Number: M–2006–086–C 

Petitioner: Mystic, LLC, P.O. Box 228, 

Stanaford, West Virginia 25927. 

Mine: Candice 2 Mine, (MSHA I.D. 

No. 46–08429), located in Boone 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1700 

(Oil and gas wells). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit plugging of all oil 

and gas wells encountered during 

normal operations. The petitioner 

requests MSHA’s approval of this 

modification for all oil and gas wells it 

intends to plug in the Candice 2 Mine. 

The petitioner states that in lieu of 

establishing and maintaining barriers 

around oil and gas wells, the Lower 

Winifrede coal seam will be sealed from 

surrounding strata at the wells to be 

plugged. The petitioner proposes the 

following techniques: (1) Cleaning out 

and preparing oil and gas wells; (2) 

plugging oil and gas wells to the surface; 

(3) plugging oil and gas wells using the 

vent pipe method; and (4) plugging oil 

and gas wells for use as degasification 

boreholes. Persons may review a 

complete description of petitioner’s 

alternative methods and procedures at 

the MSHA address listed in the notice. 

The petitioner asserts that the proposed 

alternative method will provide the 

same degree of safety as the existing 

standard. 

Docket Number: M–2006–087–C 

Petitioner: Energy West Mining 

Company, P.O. Box 310, Huntington, 

Utah 84528. 

Mine: Deer Creek Mine, (MSHA I.D. 

No. 42–00121), located in Emery 

County, Utah, and Bridger Underground 

Coal Mine, (MSHA I.D. No. 48–01646), 

located in Sweetwater County, 

Wyoming. 

Regulation Affected: 30 CFR 

75.1909(b) (Non-permissible dieselpowered equipment; design and 

performance requirements). 

Modification Request: The petitioner 

requests that its previously granted 

petition for modification, docket 

number M–1999–108–C be amended to 

permit the purchase of another grader 

for the Deer Creek Mine with the 

potential to use the grader at the Bridger 

Underground Coal Mine. The petitioner 

would like to: (1) Retain the previous 

petition with its current requirements; 

(2) add the new grader to the petition; 

and (3) delete the reference to the Trail 

Mountain Mine and replace it with the 

Bridger Underground Coal Mine. The 

petitioner states that with the addition 

of the new grader, the petition would 

read as follows: (1) The Proposed 

Decision and Order (PDO) is limited in 

application to the Getman Model No. 


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Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices 8205 

G600U and Getman RDG–1504C diesel 

graders used at the Deer Creek Mine and 

the Bridger Underground Coal Mine; (2) 

The maximum speed on the Getman 

Model No. G600U and Getman RDG–

1504C will be limited to 10 mph by: (a) 

Permanently blocking out the gear(s) or 

any gear ratio(s) that provide higher 

speeds. The device shall limit the 

vehicle speed in both forward and 

reverse; (b) using transmission(s) and 

differential(s) geared in accordance with 

the equipment manufacturer which 

limits the maximum speed to 10 mph. 

The petitioner further proposes the 

following prior to implementing the 

alternative method: (1) The Getman 

Model RDG–1504C diesel grader would 

be inspected by MSHA to determine 

compliance with the terms and 

conditions of the PDO; (2) grader 

operators would be trained to recognize 

appropriate levels of speed for different 

road conditions and slopes; (3) grader 

operators would be trained to lower the 

moldboard (grader blade) to provide 

additional stopping capability in 

emergencies; and (4) grader operators 

would be trained to recognize the 

transmission gear blocking device and 

its proper application and requirements, 

and will comply with all other 

applicable requirements of the Federal 

Mine Safety and Health Act of 1977 and 

the applicable requirements of 30 CFR 

Parts 75 and 77. The petitioner asserts 

that the proposed alternative method 

would provide at least the same 

measure of protection as the existing 

standard. 

Docket Number: M–2006–088–C 

Petitioner: Cumberland River Coal 

Company, Pardee Complex, P.O. Drawer 

109, Appalachia, Virginia 24216. 

Mine: Band Mill Mine, (MSHA I.D. 

No. 44–06816), located in Wise County, 

Virginia. . 

Regulation Affected: 30 CFR 

75.364(b)(1) (Weekly examination). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of three 

monitoring locations to check and 

measure air flow through certain 

sections of the mine due to deteriorating 

roof conditions. The petitioner proposes 

to establish monitoring locations (ML 

61, 62, and 63) to check and measure air 

flow through the 450 feet portion of 1 

North Submain. Additionally, two 

monitoring stations would be 

established (ML 64 and 65) in the faces 

of 4 Left Panel and 3 West Submain. 

The petitioner states that future plans 

would include having a production unit 

back in both these areas. The petitioner 

proposes to maintain 2,000 cfm through 

each of the ML’s. Persons may review a 

complete description of petitioner’s 

alternative method at the MSHA address 

listed in this notice. 

Docket Number: M–2006–089–C 

Petitioner: The Ohio Valley Coal 

Company, 56854 Pleasant Ridge Road, 

Alledonia, Ohio 43902. 

Mine: Powhatan No. 6 Mine, (MSHA 

I.D. No. 33–01159), located in Monroe 

County, Ohio. 

Regulation Affected: 30 CFR 75.507 

(Power connection points). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of low and 

medium voltage, three-phase, 

alternating-current submersible pump(s) 

installed in return and bleeder entries, 

ventilation shafts, and boreholes in the 

Powhatan No. 6 Mine. The petitioner 

further states that protection will be 

provided by a suitable circuit 

interrupting device to protect against 

under-voltage, grounded phase, shortcircuit and overload. Persons may 

review a complete description of 

petitioner’s alternative method at the 

MSHA address listed in this notice. The 

petitioner asserts that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard. 

Docket Number: M–2006–016–M 

Petitioner: Phelps Dodge Morenci, 

Inc., 4521 U.S. Highway 191, Morenci, 

Arizona 85540. 

Mine: Morenci Mine, (MSHA I.D. No. 

02–00024), located in Greenlee County, 

Arizona. 

Regulation Affected: 30 CFR 

56.6309(b) (Fuel oil requirements for 

ANFO). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of used 

petroleum-based, lubrication oil from 

diesel equipment at the Bagdad Mine for 

blending with diesel fuel and 

conventional prills to create ammonium 

nitrate-fuel oil (ANFO). Persons may 

review a complete description of 

petitioner’s alternative method at the 

MSHA address listed in this notice. The 

petitioner asserts that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard. 

Dated: February 16, 2007. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. E7–3121 Filed 2–22–07; 8:45 am] 

BILLING CODE 4510–43–P 

MISSISSIPPI RIVER COMMISSION 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETINGS: 

Mississippi River Commission. 

TIME AND DATE: 9 a.m., April 16, 2007. 

PLACE: On board MISSISSIPPI V at City 

Front, Caruthersville, MO. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the Memphis 

District; and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

TIME AND DATE: 9 a.m., April 17, 2007. 

PLACE: On board MISSISSIPPI V at Mud 

Island, Memphis, TN. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the Memphis 

District; and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

TIME AND DATE: 1 p.m., April 19, 2007. 

PLACE: On board MISSISSIPPI V at 

Fulton Street Landing, Natchez, MS. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the Vicksburg 

District, and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

TIME AND DATE: 9 a.m., April 20, 2007. 

PLACE: On board MISSISSIPPI V at City 

Dock, Baton Rouge, LA. 


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